BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120013641
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was not a U.S. citizen when he was separated on 7 December 1971.
2. The applicant states the citizenship block on his DD Form 214 should have been marked "No" instead of "Yes."
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Prior to induction into the Army of the United States (AUS) the applicant completed a DD Form 398 (Statement of Personal History) wherein he stated:
* he was an Alien with Registration Number A-87xxxx7
* his native country was Italy
* he arrived in New York City, NY, on 17 September 1954
* he intended to become a U.S. citizen
3. He was inducted into the AUS on 8 December 1965. His DD Form 47 (Record of Induction) shows in:
* item 11 (Place of Birth) - "Bary, Italy"
* item 12a (U.S. Citizen) - "No"
* item 12b (If Not U.S. Citizen - Date of Entry into U.S. For "Permanent" Residence) - 17 September 1954
* item 12c (Alien Registration Receipt Card Number) - A-87xxxx7
* item 12d (Foreign Country in Which Citizen) - Italy
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows in item 20 (Birthplace and Citizenship) the entry "Italy - Non-citizen" for him, the entry "New York - U.S." for his spouse, and the entries "Italy - Non-citizen" for his parents.
5. There is no evidence in the available records that shows (or fails to show) that during his military service he submitted any personnel actions to change his citizenship status on his military records.
6. He was honorably released from active duty on 26 November 1967. Item 7 (U.S. Citizen) shows an "X" was placed in the "Yes" block.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
Upon induction in the AUS the applicant status was a non-U.S. citizen. His induction record as well as his DA Form 20 listed him as a non-U.S. citizen. It appears his DD Form 214 inadvertently listed him as a U.S. citizen upon his release from active duty on 26 November 1967. Therefore, he is entitled to correction of his DD Form 214 to show an "X" was placed in the "No" block in item 7 of his DD Form 214.
BOARD VOTE:
__X___ ___X_____ __X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry in item 7 of his DD Form 214 and adding an "X" in the "No" block.
_______ X_ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120013641
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ABCMR Record of Proceedings (cont) AR20120013641
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